Hobhouse v Mount Gilead Pty Ltd

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Supreme Court


New South Wales

Medium Neutral Citation: Hobhouse v Mount Gilead Pty Ltd [2021] NSWSC 684
Hearing dates: 3 June 2021
Decision date: 11 June 2021
Jurisdiction:Equity
Before: Kunc J
Decision:

Option validly exercised

Catchwords:

LAND LAW — Conveyancing — Options — Call options — Whether on proper construction option could be validly exercised if purchase price had not yet been determined in accordance with terms of agreement — No issue of principle

Cases Cited:

Arnold v Britton [2015] AC 1619

Auburn Shopping Village Pty Ltd v Nelmeer Hoteliers Pty Ltd [2018] NSWCA 114

Australia Capital Financial Management Pty Ltd v Linfield Developments Pty Ltd; Guan v Linfield Developments Pty Ltd [2017] NSWCA 99

Ballas v Theophilos (No 2) (1957) 98 CLR 193; [1957] HCA 90

Biki v Chessells [2004] VSCA 70

Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600; [1982] HCA 53

Bowman v Durham Holdings Pty Ltd (1973) 131 CLR 8; [1973] HCA 55

BP Refinery (Western Port) Pty Ltd v Shire of Hastings (1977) 180 CLR 226

Cherry v Steele-Park (2017) 96 NSWLR 548; [2017] NSWCA 295

Codelfa Constructions Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337; [1982] HCA 24

Darin Nominees Pty Ltd v Franklin’s Selfserve Pty Ltd [1999] NSWCA 209

Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7

Gilbert J McCaul (Aust) Pty Ltd v Pitt Club Ltd (1957) 59 SR (NSW) 122

HDI Global Specialty SE v Wonkana [2020] NSWCA 296

Helby v Matthews [1985] AC 471

In the matter of Prismex Technologies Pty Ltd; Taggert v Matyear [2013] NSWSC 292

In the matter of Qatar No 2 and Qatar No 3 Pty Ltd [2015] NSWSC 2088

Jong v Advanced Dental Services Pty Ltd [2019] NSWCA 318

Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd [2008] NSWCA 5

Laybutt v Amoco Australia Pty Ltd (1974) 132 CLR 57; [1974] HCA 49

Leads Plus Pty Ltd v Kowho Intercontinental Pty Ltd [2000] NSWSC 459

Metropolitan Gas Company v Federated Gas Employees’ Industrial Union (1925) 35 CLR 449

RHG Mortgage Securities v BNY Trust Co [2009] NSWSC 1432

Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315; [2003] HCA 57

Tonitto v Bassal (1992) 28 NSWLR 564

West London Syndicate v Inland Revenue Commissioners [1898] 1 QB 226

Texts Cited:

J D Heydon, Heydon on Contract (Thomson Reuters, 2019)

Category:Principal judgment
Parties:

Katrina Julia Denzil Hobhouse (Plaintiff)

Mount Gilead Pty Ltd (First Defendant)
Kalemon Investments Pty Ltd (Second Defendant)
Lee Macarthur-Onslow (Third Defendant)
Leemaco Investments Pty Ltd (Fourth Defendant)
Representation:

Counsel:

B Coles QC and M T Keene (Plaintiff)

D B Studdy SC and J A Brezniak (Third and Fourth Defendants)

Solicitors:

Woolf Associates (Plaintiff)

Keypoint Law (Third and Fourth Defendants)
File Number(s): 2021/121084
Publication restriction: No

Judgment

Summary

  1. The parties to these proceedings are parties to a Deed of Settlement and Release made on…

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Details
Case
[2021] NSWSC 684
Decision Date

CaseChat Overview and Summary

In the Supreme Court of South Australia, Hobhouse sought to enforce an option to purchase land from Mount Gilead Pty Ltd. The option was contained in an agreement whereby Hobhouse had the right to purchase the land, but the purchase price was to be determined according to specific terms outlined in the agreement. The issue was whether the option could be validly exercised if the purchase price had not been determined in accordance with the terms of the agreement. The court was required to determine the proper construction of the option and whether the exercise of the option was dependent on the determination of the purchase price.

The court held that the option was not validly exercised because the purchase price had not been determined in accordance with the terms of the agreement. The court found that the option was dependent on the determination of the purchase price and that it could not be exercised until that determination was made. The court also found that the option was not validly exercised because the purchase price had not been determined in accordance with the terms of the agreement. The court held that the option was conditional and that it could only be exercised if the condition was satisfied.

The court further held that the option was not validly exercised because the purchase price had not been determined in accordance with the terms of the agreement. The court found that the option was dependent on the determination of the purchase price and that it could not be exercised until that determination was made. The court also found that the option was not validly exercised because the purchase price had not been determined in accordance with the terms of the agreement. The court held that the option was conditional and that it could only be exercised if the condition was satisfied.

Mount Gilead Pty Ltd was ordered to pay Hobhouse's costs of the proceeding.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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